07 new policies for Vietnamese officials and public employees effective from December 2020

07 new policies for Vietnamese officials and public employees will take effect from December 2020 (Illustrative Image)

1. Recruitment, use, and management of officials in Vietnam implemented under new regulations in Decree 138/2020/ND-CP

On November 27, 2020, the Government of Vietnam issued Decree 138/2020/ND-CP regulating the recruitment, use, and management of officials. This Decree officially takes effect from December 1, 2020, replacing Decree 24/2010/ND-CP.

The recruitment, use, and management of officials under Decree 138/2020/ND-CP have some notable points as follows:

(1) 05 categories of individuals accepted as officials in Vietnam without examinations or assessments

According to Clause 1 Article 18 of Decree 138/2020/ND-CP, the following 05 categories of individuals are accepted as officials without examinations or assessments:

- Employees working at public service providers;

- Commune-level officers and officials;

- Individuals receiving a salary in the people's armed forces, those working in the cipher organization but not being officials;

- Chairperson of the Members' Council, Chairperson of the Board of Directors, Chairperson of the Company, Members of the Members' Council, Members of the Board of Directors, Controllers, General Director, Deputy General Director, Director, Deputy Director, Chief Accountant, and individuals holding managerial positions from department level upwards in enterprises with 100% state capital, enterprises with over 50% state capital or total voting shares;

- Individuals who were formerly officials from the district level upwards and then transferred or seconded to non-official positions in other agencies or organizations by the competent authority.

(2) Officials and public employees in Vietnam cannot hold managerial positions for more than 2 consecutive terms

Decree 138/2020/ND-CP and Decree 115/2020/ND-CP limit the number of times officials and public employees can hold leadership or managerial positions to not more than 2 consecutive terms compared to the previous regulations (in Decree 24/2010/ND-CP and Decree 29/2012/ND-CP). At the time the appointment decision of officials and public employees takes effect, the term for each appointment is 05 years and the term for holding leadership or managerial positions cannot exceed 2 consecutive terms (based on Article 41 of Decree 138/2020/ND-CP and Article 43 of Decree 115/2020/ND-CP).

(3) Cases of official recruitment exempted from foreign language and computer examinations

Article 8 of Decree 138/2020/ND-CP stipulates as follows:

- Candidates are exempt from the foreign language examination if they fall into one of the following categories:

- Possess a graduate degree in foreign languages at the same or higher level compared to the required professional, technical training level of the job position applied for;- Possess a graduate degree at the same or higher level compared to the required professional, technical training level of the job position applied for from an overseas institution recognized in Vietnam according to regulations;- Possess a certificate in ethnic minority languages or are ethnic minority individuals applying for official positions in ethnic minority areas.

- Candidates are exempt from the computer examination if they have a graduate degree from the intermediate level upwards in majors related to computer science or information technology.

Previously, Decree 161/2018/ND-CP only required university graduates and postgraduates in foreign languages to be exempt from the foreign language examination and those with an intermediate diploma in mathematics - information technology to be exempt from the computer examination. However, from December 1, 2020, candidates who possess a graduate degree in foreign languages at the same or higher level compared to the required professional, technical training level of the job position applied for are exempt from the foreign language examination, and those with a graduate degree from the intermediate level upwards in majors related to computer science or information technology are exempt from the computer examination.

(4) Still counted into the probationary period when the probationer takes sick leave or has a valid reason for less than 14 days

According to point c clause 2 Article 20 of Decree 138/2020/ND-CP, in the event that the probationer takes sick leave or has a valid reason for less than 14 days and is approved by the head of the agency or unit where the person is being recruited for official probationary policies, this time is counted into the probationary period. Previously, Decree 24/2010/ND-CP stipulated that maternity leave according to social insurance benefits and sick leave, detention, temporary suspension according to the law were not counted into the probationary period without exceptions.

2. Vietnamese officials and public employees must declare additional assets and income annually if exceeding 300 million VND

This is a notable content in Decree 130/2020/ND-CP on controlling assets and income of persons holding positions and powers in agencies, organizations, units which will take effect from December 20, 2020.

Article 10 of Decree 130/2020/ND-CP stipulates 16 subjects required to declare assets and income annually from December 20 as follows:

1. Executors; (previously stipulated in clause 8 Article 7 of Decree 78/2013/ND-CP)

2. Investigators; (previously stipulated in clause 8 Article 7 of Decree 78/2013/ND-CP)

3. Accountants;

4. Foresters;

5. Prosecutors; (previously stipulated in clause 8 Article 7 of Decree 78/2013/ND-CP)

6. Banking supervisors;

7. Market controllers;

8. Auditors; (previously stipulated in clause 8 Article 7 of Decree 78/2013/ND-CP)

9. Inspectors of the Communist Party;

10. Customs inspectors;

11. Tax inspectors;

12. Inspectors; (previously stipulated in clause 8 Article 7 of Decree 78/2013/ND-CP)

13. Judges. (previously stipulated in clause 8 Article 7 of Decree 78/2013/ND-CP)

14. Persons holding leadership and management positions from Deputy Heads of Department and equivalent upwards working in certain fields identified in Appendix III issued with Decree 130/2020/ND-CP;

15. Representatives of state capital in enterprises;

16. Persons holding positions from Director of Department and equivalent upwards.

Compared to the previous regulations, Decree 130/2020/ND-CP has added a number of subjects required to declare assets and income annually, including: auditors, foresters; banking supervisors; market controllers; inspectors of the Communist Party; customs inspectors; tax inspectors.

3. Salary grading for public employees in Vietnam in the information technology sector

On October 28, 2020, the Ministry of Information and Communications of Vietnam issued Circular 29/2020/TT-BTTTT guiding the appointment and salary grading for public employees in the information technology sector. This circular will officially take effect from December 12, 2020.

Article 5 of Circular 29/2020/TT-BTTTT stipulates that public employees in the information technology sector are eligible for the following salary scales:

- Category I Information Security (code V11.05.09), Category I System Administrator (code V11.06.12), Category I IT Validator (code V11.07.16), Category I Software Developer (code V11.08.19) apply the salary coefficient for public employees type A3, group 1 (A3.1) with 6 grades, from salary coefficient 6.20 to 8.00 (from 9,238,000 VND to 11,920,000 VND);

- Category II Information Security (code V11.05.10), Category II System Administrator (code V11.06.13), Category II IT Validator (code V11.07.17), Category II Software Developer (code V11.08.20) apply the salary coefficient for public employees type A2, group 1 (A2.1) with 8 grades, from salary coefficient 4.40 to 6.78 (from 6,556,000 VND to 10,102,000 VND);

- Category III Information Security (code V11.05.11), Category III System Administrator (code V11.06.14), Category III IT Validator (code V11.07.18), Category III Software Developer (code V11.08.21) apply the salary coefficient for public employees type A1 with 9 grades, from salary coefficient 2.34 to 4.98 (from 3,487,000 VND to 7,420,000 VND);

- Category IV System Administrator (code V11.06.15), Category IV Software Developer (code V11.08.22) apply the salary coefficient for public employees type B with 12 grades, from salary coefficient 1.86 to 4.06 (from 2,771,400 VND to 6,049,400 VND).

4. Salary scale for public employees in audio, broadcasting, film editing, and cinematography

Pursuant to Article 5 of Circular 30/2020/TT-BTTTT, the job titles of public employees in audio, broadcasting, film editing, and cinematography apply the following salary scales:

- Category I Audio Specialist (code V11.09.23), Category I Broadcaster (code V11.10.27), Category I Film Editor (code V11.11.31), Category I Cinematographer (code V11.12.35) apply the salary coefficient for public employees type A3, group 2 (A3.2) with 6 grades, from salary coefficient 5.75 to 7.55 (from 8,567,500 VND to 11,249,500 VND);

- Category II Audio Specialist (code V11.09.24), Category II Broadcaster (code V11.10.28), Category II Film Editor (code V11.11.32), Category II Cinematographer (code V11.12.36) apply the salary coefficient for public employees type A2, group 2 (A2.2) with 8 grades, from salary coefficient 4.00 to 6.38 (from 5,960,000 VND to 9,506,200 VND);

- Category III Audio Specialist (code V11.09.25), Category III Broadcaster (code V11.10.29), Category III Film Editor (code V11.11.33), Category III Cinematographer (code V11.12.37) apply the salary coefficient for public employees type A1 with 9 grades, from salary coefficient 2.34 to 4.98 (from 3,129,000 VND to 6,824,200 VND);

- Category IV Audio Specialist (code V11.09.26), Category IV Broadcaster (code V11.10.30), Category IV Film Editor (code V11.11.34), Category IV Cinematographer (code V11.12.38) apply the salary coefficient for public employees type B with 12 grades, from salary coefficient 1.86 to 4.06 (from 2,771,400 VND to 6,049,400 VND).

5. Public university lecturers are subject to the salary scale under Circular 40/2020/TT-BGDDT

According to the provisions of Article 10 of Circular 40/2020/TT-BGDDT, public employees teaching in public universities are subject to the following salary scales:

- Senior Lecturer (category I) is subject to the salary coefficient for public employees type A3, group 1 (A3.1) from salary coefficient 6.20 to 8.00 (from 9,238,000 VND to 11,920,000 VND);

- Main Lecturer (category II) is subject to the salary coefficient for public employees type A2, group 1 (A2.1) from salary coefficient 4.40 to 6.78 (from 6,556,000 VND to 10,102,000 VND);

- Lecturer (category III), Teaching Assistant (category III) is subject to the salary coefficient for public employees type A1, from salary coefficient 2.34 to 4.98 (from 3,487,000 VND to 7,420,000 VND).

Note: The salary grading for public employees teaching will be implemented after being appointed to the job title by the competent authority, in accordance with the guidance in clause 1 Section II of Circular 02/2007/TT-BNV and current regulations of the law.

6. Public university lecturers in category III must have a master's degree or higher

This is a notable content in Circular 40/2020/TT-BGDDT stipulating job codes, standards for job titles, appointment, and salary grading for public employees teaching in public universities, officially effective from December 12, 2020.

It stipulates that category III lecturers in public universities must meet the following qualifications and standards:

- Training standards:

- Must have a master's degree or higher suitable for the job position, subject, or teaching discipline (Joint Circular 36/2014/TTLT-BGDDT-BNV stipulates having a university degree or higher suitable for the job position, teaching discipline).

- Must have a certificate of training standards for job titles for category III lecturers, applicable to public employees recruited after December 12, 2020 (Joint Circular 36/2014/TTLT-BGDDT-BNV stipulates having a certificate of pedagogical training for lecturers).

- Professional standards and capability:

- Must master basic knowledge of the subjects assigned to teach; have general knowledge related to some subjects within the specialized training being managed;

- Understand and correctly implement objectives, plans, contents, and programs of the subjects assigned to specialize in. Identify the reality and trends in training and research in the specialized field at home and abroad;

- Efficiently and safely use teaching means and equipment. Have effective teaching methods suitable for the subject content; teaching must meet the required standards;

- Have the capability to conduct scientific research; apply scientific and technological advances into teaching and other assigned duties;

- Have the ability to apply information technology and use foreign languages in performing the duties of a category III lecturer.

7. Regulations on clerical and archival work applicable to officials and public employees of the Ministry of Home Affairs

On December 1, 2020, the Ministry of Home Affairs issued Decision 1032/QD-BNV on clerical and archival work regulations, officially effective from December 1, 2020.

According to Decision 1032/QD-BNV, the subjects of application of these regulations are officials and public employees, and workers in units under the Ministry of Home Affairs; units under the Ministry only implement these regulations when receiving and submitting documents under the authority of the Minister. Specifically,

+ Document format:

- Legal documents format is implemented according to the provisions of Chapter V of Decree 34/2016/ND-CP;

- The format of administrative documents is implemented according to the provisions of Article 8 and Appendix I of Decree 30/2020/ND-CP;

- Documents exchanged with foreign agencies, organizations, or individuals must follow the prescribed legal format and international conventions.

+ Document presentation technique:

- Legal documents presentation technique shall be in accordance with Section 2 Chapter V of Decree 34/2016/ND-CP;

- Administrative document presentation, capitalization rules are implemented according to the provisions of Appendix I, Appendix II of Decree 30/2020/ND-CP.

The above are 07 new policies for officials and public employees that will be effective in December 2020. These are important policies that directly affect the rights and interests of officials and public employees, so they need to be noted.

Thuy Tram

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